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Criminal Justice Bill


Criminal Justice Bill
Part 9 — Retrial for serious offences

49

 

(3)   

An officer of the rank of superintendent or above may authorise the action if—

(a)   

he is satisfied that new evidence has been obtained which would be

relevant to an application under section 64(1) or (2) in respect of the

qualifying offence to which the investigation relates, or

(b)   

he has reasonable grounds for believing that such new evidence is

5

likely to be obtained as a result of the investigation.

(4)   

An authorisation under subsection (3) must—

(a)   

if reasonably practicable, be given in writing;

(b)   

otherwise, be recorded in writing by the officer giving it as soon as is

reasonably practicable.

10

(5)   

The requirements of this subsection are met if—

(a)   

there has been no undue delay in applying for authorisation under

subsection (3),

(b)   

that authorisation has not been refused, and

(c)   

taking into account the urgency of the situation, it is not reasonably

15

practicable to obtain that authorisation before taking the action.

(6)   

Where the requirements of subsection (5) are met, the action is nevertheless to

be treated as having been unlawful unless, as soon as reasonably practicable

after the action is taken, an officer of the rank of superintendent or above

certifies in writing that he is satisfied that, when the action was taken—

20

(a)   

new evidence had been obtained which would be relevant to an

application under section 64(1) or (2) in respect of the qualifying offence

to which the investigation relates, or

(b)   

the officer who took the action had reasonable grounds for believing

that such new evidence was likely to be obtained as a result of the

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investigation.

Arrest, custody and bail

75      

Arrest and charge

(1)   

Where section 73 applies to the investigation of the commission of an offence

by any person and no certification has been given under subsection (2) of that

30

section—

(a)   

a justice of the peace may issue a warrant to arrest that person for that

offence only if satisfied by written information that new evidence has

been obtained which would be relevant to an application under section

64(1) or (2) in respect of the commission by that person of that offence,

35

and

(b)   

that person may not be arrested for that offence except under a warrant

so issued.

(2)   

Subsection (1) does not affect section 77(3)(b) or 79(3), or any other power to

arrest a person, or to issue a warrant for the arrest of a person, otherwise than

40

for an offence.

(3)   

Part 4 of the 1984 Act (detention) applies as follows where a person—

(a)   

is arrested for an offence under a warrant issued in accordance with

subsection (1)(a), or

(b)   

having been so arrested, is subsequently treated under section 34(7) of

45

that Act as arrested for that offence.

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

50

 

(4)   

For the purposes of that Part there is sufficient evidence to charge the person

with the offence for which he has been arrested if, and only if, an officer of the

rank of superintendent or above (who has not been directly involved in the

investigation) is of the opinion that the evidence available or known to him is

sufficient for the case to be referred to a prosecutor to consider whether consent

5

should be sought for an application in respect of that person under section 64.

(5)   

For the purposes of that Part it is the duty of the custody officer at each police

station where the person is detained to make available or known to an officer

at that police station of the rank of superintendent or above any evidence

which it appears to him may be relevant to an application under section 64(1)

10

or (2) in respect of the offence for which the person has been arrested, and to

do so as soon as practicable—

(a)   

after the evidence becomes available or known to him, or

(b)   

if later, after he forms that view.

(6)   

Section 37 of that Act (including any provision of that section as applied by

15

section 40(8) of that Act) has effect subject to the following modifications—

(a)   

in subsection (1)—

(i)   

for “determine whether he has before him” there is substituted

“request an officer of the rank of superintendent or above (who

has not been directly involved in the investigation) to

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determine, in accordance with section 75(4) of the Criminal

Justice Act 2003, whether there is”;

(ii)   

for “him to do so” there is substituted “that determination to be

made”;

(b)   

in subsection (2)—

25

(i)   

for the words from “custody officer determines” to “before him”

there is substituted “officer determines that there is not such

sufficient evidence”;

(ii)   

the word “custody” is omitted from the second place where it

occurs;

30

(c)   

in subsection (3)—

(i)   

the word “custody” is omitted;

(ii)   

after “may” there is inserted “direct the custody officer to”;

(d)   

in subsection (7) for the words from “the custody officer” to the end of

that subsection there is substituted “an officer of the rank of

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superintendent or above (who has not been directly involved in the

investigation) determines, in accordance with section 75(4) of the

Criminal Justice Act 2003, that there is sufficient evidence to charge the

person arrested with the offence for which he was arrested, the person

arrested shall be charged.”;

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(e)   

subsections (7A), (7B) and (8) do not apply;

(f)   

after subsection (10) there is inserted—

“(10A)   

The officer who is requested by the custody officer to make a

determination under subsection (1) above shall make that

determination as soon as practicable after the request is made.”.

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(7)   

Section 40 of that Act has effect as if in subsections (8) and (9) of that section

after “(6)” there were inserted “and (10A)”.

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

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(8)   

Section 42 of that Act has effect as if in subsection (1) of that section for the

words from “who” to “detained” there were substituted “(who has not been

directly involved in the investigation)”.

76      

Bail and custody before application

(1)   

In relation to a person charged in accordance with section 75(4)—

5

(a)   

section 38 of the 1984 Act (including any provision of that section as

applied by section 40(10) of that Act) has effect as if, in subsection (1),

for “either on bail or without bail” there were substituted “on bail”,

(b)   

section 47(3) of that Act does not apply and references in section 38 of

that Act to bail are references to bail subject to a duty to appear before

10

the Crown Court at such place as the custody officer may appoint and

at such time, not later than 24 hours after the person is released, as that

officer may appoint, and

(c)   

section 43B of the Magistrates’ Courts Act 1980 (c. 43) does not apply.

(2)   

Where such a person is, after being charged—

15

(a)   

kept in police detention, or

(b)   

detained by a local authority in pursuance of arrangements made

under section 38(6) of the 1984 Act,

   

he must be brought before the Crown Court as soon as practicable and, in any

event, not more than 24 hours after he is charged, and section 46 of the 1984 Act

20

does not apply.

(3)   

For the purpose of calculating the period referred to in subsection (1) or (2), the

following are to be disregarded—

(a)   

Sunday,

(b)   

Christmas Day,

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(c)   

Good Friday, and

(d)   

any day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

person is to appear before the Crown Court as mentioned in subsection

(1) or, where subsection (2) applies, is for the time being detained.

30

(4)   

Where a person appears or is brought before the Crown Court in accordance

with subsection (1) or (2), the Crown Court may either—

(a)   

grant bail for the person to appear, if notice of an application is served

on him under section 68(2), before the Court of Appeal at the hearing of

that application, or

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(b)   

remand the person in custody to be brought before the Crown Court

under section 77(2).

(5)   

If the Crown Court grants bail under subsection (4), it may revoke bail and

remand the person in custody as referred to in subsection (4)(b).

(6)   

In subsection (7) the “relevant period”, in relation to a person granted bail or

40

remanded in custody under subsection (4), means—

(a)   

the period of 42 days beginning with the day on which he is granted

bail or remanded in custody under that subsection, or

(b)   

that period as extended or further extended under subsection (8).

(7)   

If at the end of the relevant period no notice of an application under section

45

64(1) or (2) in relation to the person has been given under section 68(1), the

person—

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

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(a)   

if on bail subject to a duty to appear as mentioned in subsection (4)(a),

ceases to be subject to that duty and to any conditions of that bail, and

(b)   

if in custody on remand under subsection (4)(b) or (5), must be released

immediately without bail.

(8)   

The Crown Court may, on the application of a prosecutor, extend or further

5

extend the period mentioned in subsection (6)(a) until a specified date, but only

if satisfied that—

(a)   

the need for the extension is due to some good and sufficient cause, and

(b)   

the prosecutor has acted with all due diligence and expedition.

77      

Bail and custody before hearing

10

(1)   

This section applies where notice of an application is given under section 68(1).

(2)   

If the person to whom the application relates is in custody under section

76(4)(b) or (5), he must be brought before the Crown Court as soon as

practicable and, in any event, within 48 hours after the notice is given.

(3)   

If that person is not in custody under section 76(4)(b) or (5), the Crown Court

15

may, on application by the prosecutor—

(a)   

issue a summons requiring the person to appear before the Court of

Appeal at the hearing of the application, or

(b)   

issue a warrant for the person’s arrest,

   

and a warrant under paragraph (b) may be issued at any time even though a

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summons has previously been issued.

(4)   

Where a summons is issued under subsection (3)(a), the time and place at

which the person must appear may be specified either—

(a)   

in the summons, or

(b)   

in a subsequent direction of the Crown Court.

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(5)   

The time or place specified may be varied from time to time by a direction of

the Crown Court.

(6)   

A person arrested under a warrant under subsection (3)(b) must be brought

before the Crown Court as soon as practicable and in any event within 48 hours

after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not

30

apply.

(7)   

If a person is brought before the Crown Court under subsection (2) or (6) the

court must either—

(a)   

remand him in custody to be brought before the Court of Appeal at the

hearing of the application, or

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(b)   

grant bail for him to appear before the Court of Appeal at the hearing.

(8)   

If bail is granted under subsection (7)(b), the Crown Court may revoke the bail

and remand the person in custody as referred to in subsection (7)(a).

(9)   

For the purpose of calculating the period referred to in subsection (2) or (6), the

following are to be disregarded—

40

(a)   

Sunday,

(b)   

Christmas Day,

(c)   

Good Friday, and

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

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(d)   

any day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

person is for the time being detained.

78      

Bail and custody during and after hearing

(1)   

The Court of Appeal may, at any adjournment of the hearing of an application

5

under section 64(1) or (2)—

(a)   

remand the person to whom the application relates on bail, or

(b)   

remand him in custody.

(2)   

At a hearing at which the Court of Appeal—

(a)   

makes an order under section 65,

10

(b)   

makes a declaration under subsection (4) of that section, or

(c)   

dismisses the application or makes a declaration under subsection (3)

of that section, if it also gives the prosecutor leave to appeal against its

decision or the prosecutor gives notice that he intends to apply for such

leave,

15

   

the court may make such order as it sees fit for the custody or bail of the

acquitted person pending trial pursuant to the order or declaration, or pending

determination of the appeal.

(3)   

For the purpose of subsection (2), the determination of an appeal is pending—

(a)   

until any application for leave to appeal is disposed of, or the time

20

within which it must be made expires;

(b)   

if leave to appeal is granted, until the appeal is disposed of.

(4)   

Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under

this section as if in subsection (2) the reference to the Crown Court included a

reference to the Court of Appeal.

25

(5)   

The court may at any time, as it sees fit—

(a)   

revoke bail granted under this section and remand the person in

custody, or

(b)   

vary an order under subsection (2).

79      

Revocation of bail

30

(1)   

Where—

(a)   

a court revokes a person’s bail under this Part, and

(b)   

that person is not before the court when his bail is revoked,

   

the court must order him to surrender himself forthwith to the custody of the

court.

35

(2)   

Where a person surrenders himself into the custody of the court in compliance

with an order under subsection (1), the court must remand him in custody.

(3)   

A person who has been ordered to surrender to custody under subsection (1)

may be arrested without a warrant by an officer if he fails without reasonable

cause to surrender to custody in accordance with the order.

40

(4)   

A person arrested under subsection (3) must be brought as soon as practicable,

and, in any event, not more than 24 hours after he is arrested, before the court

and the court must remand him in custody.

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

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(5)   

For the purpose of calculating the period referred to in subsection (4), the

following are to be disregarded—

(a)   

Sunday,

(b)   

Christmas Day,

(c)   

Good Friday,

5

(d)   

any day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

person is for the time being detained.

Part 9: supplementary

80      

Functions of the DPP

10

(1)   

Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions

exercisable by Crown Prosecutor) does not apply to the provisions of this Part

other than section 73(2)(a).

(2)   

In the absence of the Director of Public Prosecutions, his functions under those

provisions may be exercised by a person authorised by him.

15

(3)   

An authorisation under subsection (2)—

(a)   

may relate to a specified person or to persons of a specified description,

and

(b)   

may be general or relate to a specified function or specified

circumstances.

20

81      

Rules of Court

(1)   

Rules of court may make such provision as appears to the authority making

them to be necessary or expedient for the purposes of this Part.

(2)   

Without limiting subsection (1), rules of court may in particular make

provision as to procedures to be applied in connection with sections 64 to 70,

25

72 and 76 to 78.

(3)   

Nothing in this section is to be taken as affecting the generality of any

enactment conferring power to make rules of court.

82      

Armed Forces: Part 9

(1)   

Section 31 of the Armed Forces Act 2001 (c. 19) (provision in consequence of

30

enactments relating to criminal justice) applies to an enactment contained in

this Part so far as relating to matters not specified in subsection (2) of that

section as it applies to a criminal justice enactment.

(2)   

The power under that section to make provision equivalent to that made in

relation to qualifying offences by an enactment contained in this Part (with or

35

without modifications) includes power to make such provision in relation to

such service offences as the Secretary of State thinks fit.

(3)   

In subsection (2) “service offence” means an offence under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53).

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